Maintaining a personal injury or wrongful death claim against a governmental entity can be difficult. In fact, there was once a time in which such claims were not allowed under the law. Nowadays, however, a Cape Cod personal injury lawsuit against the government may be possible in some situations, although it can be expected that…
Continue reading ›Cape Cod work injuries are common. In order to receive the benefits to which he or she is entitled, the injured employee must take several proactive steps. First and foremost, the worker must give the employee notice of the accident, injury, or work-related illness. A formal claim must also be filed within a set period…
Continue reading ›A great number of Cape Cod criminal cases revolve around the issue of whether evidence that the government seeks to introduce at the trial of the case was legally obtained. The defendant may argue that a particular search was violative of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.…
Continue reading ›If you have a potential negligence claim against an individual, business, or entity of the government, it is very important to remember that Cape Cod personal injury, wrongful death, and property damage claims can be subject to both a statute of limitations and a statute of repose. The difference between these two limitations periods is…
Continue reading ›Although you might not realize it if you were watching a Cape Cod personal injury case play out in a court room, the vast majority of negligence claims are actually paid by an insurance company, not the defendant himself or herself. Many negligence cases are settled out of court, but, even if a particular case…
Continue reading ›Under Massachusetts law, contributory negligence does not necessarily bar recovery of monetary compensation for damages suffered in a car accident. Generally speaking, this means that being “a little at fault” in causing a crash does not prevent an injured person from filing suit to recover compensation for lost wages, medical expenses, and pain and suffering…
Continue reading ›In a Cape Cod personal injury lawsuit, the essential question is, did the defendant behave in a reasonably prudent manner under the circumstances? These types of cases can be very fact-specific, as what constitutes “reasonable” can vary substantially from situation to situation. For example, generally speaking, it would not be considered reasonable to run into…
Continue reading ›The defendant in a Massachusetts drunk driving case has certain constitutional rights. One of these rights in the Fourth Amendment right to be free from unreasonable searches and seizures. Generally speaking, this means that an officer of the law must either obtain the defendant’s consent or secure a search warrant in order to obtain certain…
Continue reading ›When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. Of course, this defense is not always successful, as there are many situations in which the government can…
Continue reading ›In a Cape Cod personal injury case, the plaintiff has the burden of proving four elements, each by a preponderance of the evidence. These elements include duty, breach of duty, damages, and causation. Once these elements have been proven, it is up to the jury to determine the amount of money damages to which the…
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